Transfer Of Powers (Divisional Secretaries)

(1) This Act may be cited as the Transfer of Powers (Divisional Secretaries’) Act, No- 58 of 1992.

(2) The provisions of sections 2, 8 and 9 shall come into operation on the date of commencement of this Act.

(3) The provisions of sections 3, 4, 5, 6 and 7 shall come into operation on such date as the Minister may appoint by Order published in the Gazette (hereinafter referred to as the “appointed date”). Different dates may be appointed in respect of different Divisional Secretaries’ Divisions and in respect of different provisions and accordingly, a reference to ” appointed date ” in any such provision in relation to a Divisional Secretary’s Division, shall be deemed to be a reference to the date on which such provision is brought into operation in such Divisional Secretary’s Division ; and where the provisions of section 4 are brought into operation in any Divisional Secretary’s Division, the written law referred to in that section shall apply with respect to such Divisional Secretary’s Division, subject to the amendments set out in that section.

(1) Each Division shall be assigned to a Divisional secretary as his area of authority and such Divisional Secretary shall exercise, perform, and discharge, within such Division, any power, duty or function conferred or imposed on, or assigned to, him by written law.

(2) A Divisional Secretary shall, with the concurrence of his appointing authority, exercise, perform and discharge within his Division, any power, duty or function conferred or imposed on, or assigned to, him by a Statute of a Provincial Council or any power, duty or function delegated to him by the Governor of a Province.

(1) Save as provided in subsection (2), wherever in any . other written law or in any notice, permit, communication, form or any other instrument or document issued, made, required, executed or authorised, by or under any such written law, any of the expressions ” the Government Agent “, ” the Government Agent of the District “, ” the Government Agent of the Administrative District”, ” the Government Agent or Assistant Government Agent of the Administrative District”, ” the Government Agent, any Additional Government Agent, any Assistant Government Agent, or any Additional Assistant Government Agent”, ” the Government Agent of every Administrative District ” or ” the Government Agent of a Province ” occurs, there shall be substituted therefor, the expression ” the Divisional Secretary of the Divisional Secretary’s Division”.

(2) Wherever in Part II of the Irrigation Ordinance, the expression ” Government Agent ” occurs, there shall be substituted therefor, the expression ” the District Secretary”.

(1) Every contract, agreement or other document, whatsoever, made, issued or executed prior to the appointed date by or in favour of a Government Agent of an Administrative District and subsisting on such date shall be deemed with effect from that date to have been made, issued or executed by, or in favour of, the Divisional Secretary of the Division to which that contract, agreement or other instrument or document relates.

(2) All actions and proceedings instituted by or against a Government Agent or the Attorney-General as representing a Government Agent, and pending on the day preceding the appointed date, shall, with effect from the appointed date, be deemed to be actions and proceedings instituted by or against the Attorney-General as representing the State and may be continued accordingly.

(3) All decrees and awards relating to the payment of money entered or made by any court or tribunal in any action or proceeding instituted by or against a Government Agent or the Attorney-General as representing a Government Agent, and remaining unsatisfied on the day preceding the appointed date, shall be deemed with effect from the appointed date, to be decrees or awards entered or -node for or against the Attorney-General as representing the State and may be enforced accordingly.

(a) where on the day preceding the appointed date, any other written law confers on the Government Agent of an Administrative District the power to make any by-law, regulation, rule, order, notification or notice, such law shall with effect from the appointed date be construed as conferring power on the Divisional Secretary of each Division in that Administrative District to make for that Division, any such by-law, regulation, rule order, notification or notice ;

(b) where on the day preceding the appointed date, any other written law confers on the Government Agent of an Administrative District the power to issue any licence, permit, certificate of registration, or other document, such law shall with effect from the appointed date, be construed as conferring power on the Divisional Secretary of each Division in that Administrative District to issue for that Division, any such licence, permit, certificate of registration or other document;

(c) where on the day preceding the appointed date, any written law confers on the Government Agent of an Administrative District the power to determine any fees or charges, such law shall with effect from the appointed date, be construed as conferring on the Divisional Secretary of each Division in that Administrative District the power to determine for that Division, any such fees or charges;

(d) where on the day preceding the appointed date, any other written law requires any such notice, information, declaration, return or other document as relates to any matter in any part of an Administrative District to be delivered, sent or given to the Government Agent of that Administrative District, such law shall with effect from the appointed date be construed as requiring that notice, information, declaration, return or other document to be delivered, sent or given to the Divisional Secretary of the Division within which that part of that Administrative District lies.

(1) This Act shall not be deemed to affect the operation of any by-law, regulation, rule, order, notification or notice made by the Government Agent of an Administrative District under any other written law before the appointed date, and every such by-law, regulation, rule, order, notification or notice shall be deemed, with effect from the appointed date, to have been made by the corresponding Divisional Secretary.

(2) This Act shall not be deemed to affect the continuance in force of any licence, permit, certificate of registration or other document issued, and the validity of any instrument executed by the Government Agent of an Administrative District before the appointed date and every such licence, permit, certificate of registration or other document shall be deemed, with effect from the appointed date, to have been issued or executed by the corresponding Divisional Secretary.

(3) Where the Government Agent of an Administrative District has, before the appointed date, determined any fees or charges by virtue of the power conferred on him by any other written law, such determination shall not be affected by this Act.

(4) Where any act or thing is commenced by the Government Agent of an Administrative District under any other written law in any part of that Administrative District and is not completed before the appointed date, that act or thing may be carried on and completed by the Divisional Secretary of the Division within which that part of that Administrative district lies.